What provisional rights does an applicant gain after publication of a patent application?
After publication, the applicant gains certain provisional rights similar to those of a patentee. Section 46, Intellectual Property Code of the Philippines, provides that the applicant shall have all the rights of a patentee under Section 76 against any person who, without authorization, exercises any rights under Section 71 regarding the invention claimed in the published application, as if a patent had been granted, provided that person had actual knowledge of the published application or received written notice identifying it by serial number. However, an action cannot be filed until after the grant of a patent and must be brought within four years from the commission of the acts complained of. These rights encourage respect for pending applications while final examination is ongoing. 21-Dec-25About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
